What should renovators bring to a General Meeting?

When you on the last occasion sought some advice concerning how to handle your upstairs neighbour’s renovations I posted that:

…those Owners will need to put that to a General Meeting together with whatever else they’re proposing by way of renovations to their Lot, and including details of precisely what’s proposed (i.e. plans & specs.), who’s doing the work (i.e. names / license & insurance details), and an written undertaking by them to be responsible for the ongoing maintenance, repairs, and replacement of all works comprising their proposal (see last para.).

You can add the specification of the acoustic underlay to the above, but your O/C will first need to know what impact noise level it’s prepared to accept as a “pass”.

…and in that “last para.” I also advised you that your Owners Corporation should seek some legal advice, particularly with regard to the preparation of a Special By-Law to amongst other things ensure that Owner/s of the renovated Lot properly maintain, repair, and replace those renovated areas; unless of course your O/C wants to forever be held responsible for that!

I don’t know why you’re having a General Meeting to “discuss” your neighbour’s proposal, because if that’s the nature of that Item on the Agenda, then discuss is all that you can do and an Executive Committee Meeting could have handled that!

Frankly I don’t think that your small self-managed Plan has enough information with which to consent or otherwise to the renovator’s proposal; so if in doubt don’t and instead seek some professional assistance! Experienced Strata Lawyers handle proposals such as yours on a regular basis.

Mel – in this time of good will to all, I’m disinclined to be as harsh to you as I recently was to your Sydney colleague Edward, who like you regularly trawls for old topics to which to post with the prime intention of including not so subtle (and often irrelevant) references to your common business activity.

So if as with your post here to a 9 month old topic you can’t be of much help, then perhaps you should search for another forum as the means to publicise your business.

If I could I’d give you both one strike, but that’s Jimmy T’s purview.

The question that you appear to be asking is ‘are your concerns unreasonable?’ However, the question that you should be asking is ‘are the concerns (or lack of concerns) of the OC unreasonable?’ 

Your strata scheme’s individual policy and approval process for renovations will depend on its specific by-laws i.e. what conditions are imposed on renovations in the by-laws for the scheme? 

If you personally believe that your OC by-laws are not sufficiently comprehensive then you have an option to change them by garnering support from 75% of the other owners and changing them at a General Meeting by Special Resolution. An OC must not impose unreasonable by-law conditions.

Renovation 1: A request for a final building certification is not unreasonable if this requirement is included in the existing by-laws. However, it would be unreasonable to ask an individual owner to provide a final building certification if the by-laws do not currently require it. This may have the appearance of placing more onerous conditions on just one owner.

Renovation 2: This renovation would be deemed to be a major renovation if waterproofing was required. The renovation works required a Special Resolution which was obtained. 

Should you be critical of the strata manager for putting forward a ‘minimalist’ motion? The strata manager does not make the by-laws. If there is no requirement in your scheme’s by-laws to submit additional information then there is no reason to be critical of the strata manager.

From https://www.wolterskluwercentral.com.au/legal/property-law/new-strata-laws-make-renovating-easier-strata-owners/

• The owners corporation is entitled to require satisfactory details of the work, the contractor / builder, removal of debris and proposed dates before giving approval – and the approval can be given subject to reasonable conditions (the same as for minor renovations).
• Reasonable conditions would include that a licensed tradesperson be engaged, with appropriate insurance, a structural engineer’s certificate, a waterproofer’s certificate, and that a by-law be registered (all at the owner’s cost). The conditions would normally include an obligation that the strata owner maintains any items installed in good repair, at the owner’s cost.
• An appeal lies to the Tribunal (NCAT) if the owners corporation unreasonably refuses to approve the work or imposes unreasonable conditions.
• The new Strata Laws do not invalidate current by-laws in place which deal with major works. Essentially, the new Strata Laws remain the same as the former Strata Laws.